Monthly Archives: March 2010

C.A. Says $125,000 is Maximum Award for “Loss of Care, Guidance and Companionship”

In Fiddler v. Chiavetti, the Court of Appeal has held that the current maximum award for the loss of care, guidance and companionship under s. 61 of the Family Law Act, is $125,000. That amount represents the $100,000 award approved … Continue reading

Posted in Damages, FLA, Juries, Trial Procedure | Leave a comment

Justice Matlow Says Changes to Rule 20 Now Permit Motions for Summary Judgment to Be Brought Before Judges

Last year, Mr. Justice Ted Matlow held, in Bensusan v. Ali, that motions for summary judgment had to be brought before a master. His Honour has now released a new decision in which he has concluded, correctly, in our view, … Continue reading

Posted in Practice and Procedure | Leave a comment

Jury Awards Damages of $5,000 on Theft Claim; Costs Fixed at Almost $76,000

The ruling of Madam Justice Alison Harvison Young in Bonaiuto v. Pilot Insurance Company show how the disposition of costs can transform a favourable trial outcome into a Pyrrhic victory. The plaintiff sought damages of $22,424.00 from her insurer as … Continue reading

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